A sign of things to come?

In the December edition of Legal Action, I noticed a decision from November 2012 (yes, 2012), called Miah v McGrogan [2012] EWCA Civ 1685 (Casetrack only). Mr Miah seems to have been the landlord of a house which had been let to a number of students. They complained about the condition of the property and, […]

Council major works charge cap?

Council leaseholders, those who exercised the right to buy or those who bought from them, have been facing very hefty major works charges, perhaps particularly in London. When repairs have been carried out alongside Decent Homes programmes, or as large scale works of roof and window replacement have gone ahead, major works charges per household […]

Leasehold repair covenants and damages

Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC) This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction and subsequent maintenance of a new build block of flats. As will become clear, I’m rather […]

Cold and wet… Disrepair quantum

Courtesy of Beatrice Prevatt’s disrepair update in the December 2012 Legal Action, here are a couple of County Court disrepair cases. Both proving the general rule which we have previously noted, that it is only the least competent of private landlords that let disrepair claims get to trial these days. Woolf v North London Homes […]

Leases, repairs and ‘errors’

For long leases, outside the provisions of s.11 Landlord and Tenant Act 1985, the repairing obligation of the landlord is limited to the exact terms set out in the lease, as is the extent to which the landlord can recover the costs of repairs from the leaseholder. As anyone who has dealt with repairs on […]

Tempest Tossed?

Does the landlord’s repairing duty under Section 11 Landlord and Tenant Act 1985 extend to damage by fire, flood or tempest? LB Hammersmith and Fulham v Carty is a County Court judgment reported on Hardwicke Chamber’s site which raises some interesting issues on the interpretation of Section 11(2)(b) of LTA 1985. This provides: (2) The […]

More on more on damages

Or Simmons v Castle round two Simmons v Castle [2012] EWCA Civ 1288 As you may know, the original Court of Appeal decision in Simmons v Castle on the 10% uplift in general damages (our report here) was revisited after representations by the ABI and APIL. I’m not sure that the revised judgment has made […]

Shut that (undemised) door!

Is the Occupiers’ Liability Act 1957 still relevant in a landlord & tenant relationship, or not? Jasmine Alexander v (1) Freshwater Properties Limited (2) Christopher Place [2012] EWCA Civ 1048 This was an appeal, decided within a few days of Drysdale v Fletcher in the High Court, but appearing to reach quite different conclusions on […]

Mind the Step 2 – The bannister that wasn’t

This is the second of two recent cases on Defective Premises Act 1972 and stairs (for the first see here). There is now a third case on Occupiers Liability Act 1957 with our note to come shortly. Patrick Joseph Hannon v Hillingdon Homes Limited [2012] EWHC 1437 (QB) Mr Hannon was a heating engineer, carrying […]

Mind the Step 1 – Semi gloss

What constitutes a defect or a lack of repair for the landlord to be liable for tenant’s injury? This the first of a couple of cases involving liability under sections 2 Occupiers Liability Act 1957 and 4 of the Defective Premises Act 1972 and stairs, or rather in relation to the falling off of stairs […]